20160629 Ver 1_Approval Letter_20160725

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
l,ovemor
DONALD R. VAN DER VAART
s�•crr,�rv
S JAY ZIMMERMAN
l )rmcinr
JUiy 2s, Zo � 6
Rutherford County
NCDWR Pro�ect No. 2016-0629
Bridge 51 on SR 2213
TIP Project No B-5397
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL COIVDITIONS
Mr Ph�llip S. Harris llI, P E, C P M., Natural Environment Section Head
NCDOT,PDEA
1598 Mail Service Center
Raleigh, North Carol�na 27699-1598
Dear Mr Harris
You have our approval, m accordance wrth the conditions listed below, for the followmg impacts for the purpose of
bridge replacement �n Rutherford County
Srte
Total
Stream Im acts m the Broad River Basm
Permanent Fill in Temporary Fill �n
Perennial Stream Perennial Stream
ea r
22
22
inear
Total Stream
Impact
(linear ft)
22
22
Total Stream Impact for Project. 22 Imear feet.
The pro�ect shall be constructed in accordance wrth your appl�cation dated June 24, 2016 After reviewing your
application, we have dec�ded that these �mpacts are covered by General Water Quality Cert�ficat�on Number 3885
This certificat�on corresponds to the Nationwide Permrt 13 issued by the Corps of Engineers In addrtion, you
should acqu�re any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-D►scharge and Water Supply Watershed regulat�ons Th�s approval
will expire wrth the accompanying 404 permit
This approval is val�d solely for the purpose and design described m your application (unless mod�fied below)
Should your project change, you must notify the NCDWR and submit a new applicat�on If the property is sold, the
new owner must be given a copy of this Cemfication and approval letter, and �s thereby responsible for complying
with all the conditions If total wetland fills for this pro�ect (now or in the future) exceed one acre, or of total
�mpacts to streams (now or m the future) exceed 150 Imear feet, compensatory mrtigation may be required as
descr�bed m 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid, you must adhere to the
conditions listed �n the attached certificatwn(s) and any addmonal conditions listed below.
Condition(s) of Cerhfication:
General Conditions
Unless otherwise approved m this cert�fication, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts wrth a
State of North Carolina IEnv�ronmental Quality I Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1 6 7 7
Phone [phone]

diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 02B 0200]
3 During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4 The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5 The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H 0507(c) and 15A NCAC 02H 0506 (b)(2) and
��)�2)l
7 All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water [15A NCAC 02H.0506(b)(3) and (c)(3)]
8 Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9 All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14 A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with

the Division Engineer and the on-site project manager [15A NCAC 02H 0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
15 The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and 0502]
16 The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17 The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery [15A NCAC 02B 0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
the NCDWR when all wark included in the 401 Certification has been completed. [15A NCAC
02H.0502( fl]
19 There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
20 Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
21 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8•OOam and 5•OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is.
Office of Administrative Hearings
6714 Mail Service Center

Raleigh, NC 27699-6714
Telephone [phone], Facsimile [phone]
A copy of the pet�t�on must also be served on DEQ as follows•
Mr Sam M Hayes, General Counsel
Department of Environmental Qualrty
1601 Ma�l Serv�ce Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act If you
have any questions, please contact Kevm Barnett at [phone] or kevin.barnett@ncdenr gov
Smcerely,
�p�
S Jay Zimmerman, D�rector
Div�s�on of Water Resources
Electron�c copy only distr�but�on
Lor� Beckwrth, US Army Corps of Eng�neers, Asheville Field Office
Roger Bryan, Divis�on 13 Environmental Officer
Col�n Mellor, NC Department of Transportation
Carla Dagn�no, NC Department of Transportat�on
Marla Chambers, NC Wildlife Resources Comm�ss�on
File Copy

Water Resources
ENVIRONMENTAL OUAIITY
NCDWR Pro�ect No..
Appl�cant:
Pro�ect Name:
Date of Issuance of 401 Water Quality Certi6cat�on:
COUfIi�':
PAT MCCRORY
Govemor
DONALD R VAN DER VAART
1e��rrrarr
S JAY ZIMMERMAN
�
Cert�ficate of Completion
Upon completion of all work approved wrthin the 401 Water Qualrty Certification or applicable Buffer Rules, and
any subsequent mod�fications, the applicant is required to return this certificate to the 401 Transportation Permittmg
Unit, North Carolina Div�sion of Water Resources, 1617 Mail Serv�ce Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the appl�cant, the appl�cant's authorized agent, or the project engmeer. It �s not
necessary to send certificates from all of these
Appltcant's Certcfication
I, , hereby state that, to the best of my ab�l►t�es, due care and diligence
was used m the observat�on of the construction such that the construction was observed to be bwlt wrth�n substant�al
compliance and intent of the 401 Water Quality Cert�fication and Buffer Rules, the approved plans and
specificat�ons, and other supportmg mater�als
Signature Date
Agent's Certifrcation
I, , hereby state that, to the best of my abilrt�es, due care and d�ligence
was used m the observation of the construction such that the construction was observed to be built within substant�al
compl�ance and mtent of the 401 Water Quality Cert�fication and Buffer Rules, the approved plans and
spec�fications, and other supporting materials
S�gnature. Date
Eng[neer's Certifteation
Part�al F�nal
[, , as a duly reg�stered Professional Engmeer �n the State of North
Carolina, having been author�zed to observe (periodically, weekly, full time) the construction of the pro�ect for the
Perm�ttee hereby state that, to the best of my abilities, due care and diligence was used in the observat�on of the
construction such that the construction was observed to be bu�lt within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and spec�fications, and other supporting materials
Signature Registrat�on No.
Date
State of North Cazolma IEnvironmental Qualiry I Water Resources
1617 Mail Service Center Raleigh North Carolina 27699-1617
Phone [phone]